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RCEP & intellectual property

An analysis of the leaked IP chapter proposed for the RCEP shows that Japan and South Korea are proposing intellectual property (IP) provisions referred to as TRIPS-plus, which go far beyond the obligations under the World Trade Organisation’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

The proposed provisions seek to extend pharmaceutical corporations’ patent terms beyond the usual 20 years and also would require data exclusivity that limits competition. Such provisions are a cause for great concern among public health groups over their potential adverse impact on access to affordable medicines.

RCEP also treats IP as an investment made by investor corporations, allowing private investment disputes (ISDS) to be raised against the host country whenever there is a threat to their IP. Treating IP as an investment, and subjecting it to treaty arbitration, can have undesirable impacts on the hard-bargained flexibilities in IP laws and on public health safeguards that countries like India have earned over the years.

Further, civil society groups have expressed concern about the copyright protection standards proposed under the RCEP IP Chapter which could stifle creativity and free speech.

The leaked IP chapter also pushes for accession by all RCEP member states to the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV 1991), to which only seven of the RCEP negotiating countries are already member. UPOV 1991 provides monopoly rights to plant breeder rights at the cost of farmers’ rights, making it illegal for farmers to save seeds of protected vartieties.

Data exclusivity provisions in the IP chapter may extend the patent protection periods of agrochemical products as well, putting upward pressure on food prices.

RCEP governments must recall their international, regional and national commitments to respect, protect and fulfill the right to health including the right to access affordable medicines. In their quest for greater economic integration, RCEP negotiating countries must not put the lives and health of millions of people in the Asia-Pacific region at risk.


Malaysian civil society & farmer groups’ memorandum on RCEP & plant variety protection
RCEP negotiations must not include obligation to join or implement UPOV systems and in anyway undermine farmers’ rights
Médecins Sans Frontières warns about IP inclusion in Asian FTA
The inclusion of intellectual property in the ongoing negotiations of the Regional Comprehensive Economic Partnership between 16 countries, most of them Asian, is raising concerns about “TRIPS-plus” measures that could jeopardise generic drugs production in India, according to Médecins Sans Frontières.
Medicines in India likely to be costlier due to RCEP trade pact
However, the key issues holding the final text of these negotiations don’t seem to be getting resolved.
Meet RCEP, a trade agreement in Asia that’s even worse than TPP or ACTA
It’s been a big few weeks for leaked trade agreements. Just when we thought we had seen all the leaked text of the Trade in Services Agreement (TISA), Wikileaks went ahead and published some more yesterday. And on the same day, a leaked draft of the intellectual property chapter of yet another trade agreement, the Regional Comprehensive Economic Partnership (RCEP) was leaked by Knowledge Ecology International (KEI).
MSF calls on Japan and South Korea to drop the harmful RCEP measures
The intellectual property provisions initiated by Japan and South Korea go far beyond the requirements needed under international trade rules.
MSF press release: RCEP trade deal negotiators must reject terms that would harm access to medicines
International medical humanitarian organisation Médecins Sans Frontières (MSF), along with other health groups, reiterated concerns about harmful intellectual property provisions in the proposed agreement that would increase market monopolies for pharmaceutical corporations and delay or block access to affordable generic medicines.
MSF statement on RCEP trade negotiations in Kuala Lumpur
Doctors Without Borders/Médecins Sans Frontières (MSF) is calling for the removal of damaging intellectual property provisions in the Regional Comprehensive Economic Partnership (RCEP) that would risk locking in high drug prices.
New mega-treaty in the pipeline: what does RCEP mean for farmers’ seeds in Asia?
RCEP is being negotiated behind closed doors and could sneak into Asia, destroying the livelihoods of billions of people.
New rules on IP rights and e-commerce to be set under RCEP free trade agreement
A common set of rules on intellectual property (IP) and e-commerce and a new scope of trade for telecommunication services are among some of the expected benefits that will arise from the RCEP agreement when it is signed next year.
New threat against affordable medicines in trade negotiations with India and ASEAN
Access to affordable medicines could be severely restricted for millions of people around the world under the current proposals in the Regional Comprehensive Economic Partnership (RCEP) trade agreement?
New trade deals legalise corporate theft, make farmers’ seeds illegal
FTAs negotiated outside the WTO go further and help US and European corporations get what they weren’t able to achieve under TRIPS.
New Zealand negotiator at Asia trade pact talks says countries should analyse TRIPS-Plus
The negotiator’s comments were non-committal but indicated that for now, the RCEP talks have not yet moved decisively into a TRIPS-plus scenario.
No RCEP Campaign: Stop trading away human rights
The ’No RCEP’ campaign urges governments to consider the adverse impact of the mega free trade agreement
Old wine in new bottles: Keep TRIPS-plus provisions out of the RCEP FTA!
Intellectual property barriers, which would hinder access to affordable medicines, have supposedly been removed from the draft RCEP free-trade agreement (FTA).
On World AIDS Day, threat to access to medicines looms large
As trade negotiators from 16 countries gather in Indonesia to deliberate the terms of trade agreement — the Regional Comprehensive Economic Partnership agreement (RCEP), access to low-cost generic medicines is under grave threat.
Open letter to ambassadors (in India) of RCEP negotiating countries by Delhi Network of Positive People
Member countries must consider the impact of RCEP on access to medicines in developing countries
Opposition mounts against regional trade pact threatening human rights
Less well known than the notorious Trans-Pacific Partnership, the Regional Comprehensive Economic Partnership (RCEP) is engendering growing opposition because of its similar oppressive provisions.
People living with HIV rally in streets of Delhi as India hosts RCEP trade negotiations
As the 6th round of negotiations on the Regional Comprehensive Economic Partnership (RCEP) trade agreement take place in India, people living with HIV are rallying in the streets of New Delhi to warn that harmful intellectual property provisions - put forth by Japan - could severely restrict access to affordable medicines for people in developing countries.
PepsiCo controversy: Globally, India has always refused to give in on IPR on plant varieties
The struggle for farmers’ rights over their seeds and planting materials is not playing out only in India – it’s a global phenomena.
Philippine civil society letter on RCEP & plant variety protection
The undersigned signatories are writing to strongly stress that the Regional Comprehensive Economic Partnership negotiations must not place any obligation on the Philippines or any other developing country to join or implement UPOV systems